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Strategy Formulation and Implementation

Strategy Formulation and Implementation of ‘Reparation Mechanisms’ Between India and the GCC countries

25 January, 2013 Overseas Indians’ Legal Cell

[The sealing of the MOA (Memorandum of Agreement) and MOU (Memorandum of Understanding) with regards to the Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between India and the GCC (Gulf Cooperation Council) countries to help the migrants and their families to live with dignity]

Human Rights Law and Protection Mechanisms
Human rights are universal and inalienable. They are the foundation of freedom, justice and peace, and are the basic standards without which people cannot live a life of dignity. Although human rights are theoretically universal and inherent they can be denied through violations in practice. People are often unable to enjoy their human rights because of who they are, and where they live. Discrimination is an abuse which prevents people from enjoying their basic human rights, and thus undermining the very concept of a universal right.

Global Practice of ‘Human Rights Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. An excerpt from the 'Charter of the Organization of American States' signed in 1948, it reads: "Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working" (Article 45/b)

Indo-Gulf Existing Policy
Unlike all other regions, the establishment of regional inter-governmental Human Rights mechanisms, to date, a mechanism to enable individuals to seek redress, has not been created between India and its neighbouring countries. While considering all of the above inter-state mechanisms, those established in Europe, America, and Africa, we have to accept a shameful fact, that India is two generations behind of the European Union (EU) Human Rights Charter, of which adopted in 1950; as well as the Inter-American Chapter for Human and Peoples’ Rights in 1948.

The International law is fairly clear that the governments have a duty of ratifying human rights treaties and mechanisms, focused on the recognition of victims’ rights and dignity; their protection and promotion is the first responsibility of States, in doing so, commit to meeting certain human rights obligations of the states.

According to the annual report 2006-¬07 of Ministry of Overseas Indian Affairs (MOIA), the overseas Indian community estimated at over 25 million across the globe and relatively higher concentration, above 5.5 million Indian workers, among in the GCC (Gulf Co-operation Council) Countries. For the past many decades there were hundreds of thousands Indian, who have been turned victims of various atrocities in the GCC, unlike in other parts of the world. In spite of all the odds, India and GCC countries are still lacking neither a regional inter-governmental Human Rights mechanism nor a procedure entrenching those rights, to enable individuals to seek redress.

The Government of India has a definite responsibility to help and protect its citizens toiling abroad to have a living for themselves and their families and whose remittances build up $70 billion (World Bank, the top recipient of officially recorded remittances for 2012 is India) of US Dollars of the precious foreign exchange to India. In the absence of an effective Reparation Mechanism, the intolerable sufferings of Indians working in the Gulf countries will continue unabated.

Need for establishing a viable Indo-Gulf Reparation Mechanism
Strategy Formulation and Implementation of a Mutual Reparation Mechanism Between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity and respect of individuals.

Visit Reparation law updates: Indo-Gulf Human Rights Protection Mechanisms

Visit Reparation Forum: The valuable suggestions of NRIs, NGOs and Legal Professionals in the matter are earnestly solicited.

Abu Dhabi Human Rights violations in practice...Corrupt practices in UAE

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About Overseas Indians’ Legal Cell

International Human Rights Law & Protection Mechanisms’
The United Nations is an international organization founded in 1945. All Member States of United Nations (UN) have an obligation to promote and protect Human Rights and fundamental freedoms as stated (in Articles 55 and 56) in the Charter of the United Nations. The UN Charter | The General Assembly | The Security Council | International Court of Justice | OHCHR | UN Charter-Based Mechanisms | UN Human Rights Council | UN Treaty-based bodies | International Human Rights | Special Procedures of the Human Rights Council | The Paris Principles | The UN system | The Trust Fund for Victims (TFV) | Complaint Procedure

Global Practice of ‘Human Rights Law & Protection Mechanism’
Since the establishment of United Nations, a wide range of Human Rights instruments have been developed in different regions of the world to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.
American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Human Rights Mechanisms

 

Principal Resources:-

(1) Global Practice of Reparation Laws
The United Nations is an international organization founded in 1945 after the Second World War by 51 countries committed to maintaining international peace and security...
Global Practice of Reparation Laws & Mechanisms
American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Human Rights Mechanisms

(2) IX. Reparation for harm suffered (A/RES/60/147)
"States shall, with respect to claims by victims, enforce domestic judgements for reparation against individuals or entities liable for the harm suffered and endeavour to enforce valid foreign legal judgements for reparation in accordance with domestic law and international legal obligations. To that end, States should provide under their domestic laws effective mechanisms for the enforcement of reparation judgements" Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. rights-remedy-reparations-general-assembly.pdf (size 146 kb) 

(3) Article 8 of the Universal Declaration of Human Rights expresses this principle as follows:- "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law." Universal Declaration of HumanRights, G.A. Res. 217A, art. 8, U.N. GAOR, 3d Sess., 1st plen. Ntg,m U.N.Doc. A/810 (Dec. 12, 1948)

(4) Article 2(3) of the International Covenant on Civil and Political Rights obligates States "to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy," and "[t]o ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities." International Covenant on Civil and Political Rights, art.2(3), Dec. 16. 1966, S. Exec. Doc. E, Doc.E, 95-2 (1978), 999 U.N.T.S. 171 [International Covenant on Civil and Political Rights - ICCPR].

(5) Human Rights Treaties Obligate States to Provide Effective Remedies for Victims of Human Rights Violations. The principle of effective remedy, or effective reparation is a golden thread that runs through all modern international human rights treaties (American Bar Council). Professor Theo van Boven, an expert in the field of remedies for violations of international human rights law, explained the legal principle as follows:- "As the result of an international normative process the legal basis for a right to a remedy and reparation became firmly anchored in the elaborate corpus of international human rights instruments, now widely ratified by States." (Adopted by General Assembly resolution 40/34 of 29 November 1985 - Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power)
justice-for-victim-of-crime.pdf
(size 79.6 kb) 

(6) Legal Framework of Rome Statute
The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice...The full text


Useful Links:-

The Universal Declaration of Human Rights...Read More

What’s Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... What’s Reparation Law

Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation... Defining the Goals of Reparations

The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.
http://www.reparationlaw.com/statepractices/remedy-reparations-state-responsibilities.php

An introductory note by Prof. Dr. Theo van Boven
http://www.reparationlaw.com/resources/treaties-international-law-scholars-experts/

A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’....More

A Handbook Implementing Victims' Rights
Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation - Handbook prepared by The Redress Trust
http://www.redress.org/downloads/publications/Reparation%20Principles.pdf

Reparations Law Debate:-
Reparation has progressively been conceived as a ‘Right’ of victims.


Invest in a Judgment

Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victims’ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals

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